AGY-2664 | Community Services Commission

Full description

The Community Services Commission was a statutory body that was established by the Community Services (Complaints, Appeals and Monitoring Act) 1993 which was proclaimed to commence on 1 October 1993. The object of the proclamation was to commence the provisions of the Act relating to the establishment of a Community Services Commission, the appointment of a Commissioner and the constitution of Community Services Review Council. (1) The inaugural Commissioner, Roger West, was appointed on 1 February 1994. (2)

The purpose of the Commission was to provide an integrated approach to improve the quality and standards of care within the community services sector, to provide an easy access point for complaints by consumers of community services, and to provide a body of expertise to deal with all community services delivered by both government and non-government sectors. The Commission was completely separate from the Department of Community Services. (3)

Statutory functions of the Commission were as follows: a) to promote and assist the development of standards for the delivery of community services b) educate service providers, clients, carers and the community generally about those standards, c) monitor and review the delivery of community services, d) conduct inquiries, e) receive, assess, resolve or investigate complaints, f) assist service providers in improving their complaints procedures, g) assist in the making of complaints by persons receiving or eligible to receive community services, h) promote, liaise with and assist advocacy services; I) support the development of advocacy services j) provide information, education and training in relation to the making, handling and resolution of complaints, and k) review the cause and patterns of complaints, identify ways in which those causes could be removed or minimised. (4)

The Commissioner was the Chief Executive Officer of the Commission and reported to the Minister for Community Services. (5) The Act stated that there was to be a Commissioner for Community Services appointed by the Governor on the recommendation of the Minister for Community Services after consultation with the Community Services Review Council. The person appointed to be Commissioner was to be a person who, in the opinion of the Minister for Community Services: a) had a commitment to the objectives of the community welfare legislation, and b) had skills in the solving of problems about access to, and the use of, community services. (6)

The Act also stated that in the exercise of its functions, the Commission must: a) consult and cooperate with other relevant investigative agencies and those concerned with the determination of the rights and interests of persons receiving, or eligible to receive, community services, and b) consult persons and groups with an interest in the provision of community services, particularly organizations of persons receiving, or eligible to receive, community services and those advocating their interests, and c) have regard to the needs of those persons (such as children) who are receiving, or are eligible to receive, community services and are least likely or able to complain. (7)

The Commission gave priority to children and young people, and especially those in the child protection and substitute care system as well as people with disabilities in care or need of care. Client groups of the Commission were those who received or were eligible to receive service from a) NSW Department of Community Services, b) Department of Ageing, Disability and Home Care, and c) Non Government community services that were funded from the Minister for Community Services, Minister for Ageing, and Minister for Disability Services. (8)

In 2000-2001 the Commission handled 1,197 complaints, 40 investigations, and two inquiries about government funded disability services. There were also 81 reviews of people in care, 81 assessments and 24 reviews of death of people with disabilities in care, 259 visits to 46 services for children and young people and conducted 28 information sessions about the Commission’s role reaching over 780 people. (9)

On 1 December 2002 the Community Services Commission was abolished and its staff were transferred to the NSW Ombudsman by the Community Services Legislation (Amendment) Act 2002, and its functions were transferred to the Community Services Division of the Ombudsman's Office. (10)

Endnotes
1. Community Services (Complaints, Reviews and Monitoring) Act 1993 (Act No.2, 1993), s.77; NSW Government Gazette No.104, 24 September 1993, p.5900.
2. Report of the Community Services Commission for 30 June 1998, p.77.
3. Community Services Commission website: //www.csc.nsw.gov.au/jurisdiction (accessed 6 March 2002).
4. Ibid.
5. Ibid.
6. Community Services (Complaints, Appeals and Monitoring) Act 1993 (Act No.2, 1993), Part 6 s.77.
7. Ibid. s.83.
8. Community Services Commission website op.cit.
9. Community Services Commission Annual Report Summary 2000-2001 Community Services Commission website op.cit.
10. Community Services Legislation Amendment Act 2002 (Act No.42, 2002), Sch. 1, cl.30 (abolishing Part 6 of the Principle Act); NSW Ombudsman, Community Services Division, Fact sheet No.1, p.1.